Federal Court Imposes Record $1.9M Fine on NDIS Provider After Tragic Death
In a landmark decision, the Federal Court has imposed a record $1.9 million fine on Valmar Support Services, an NDIS provider operating in the ACT. The penalty follows the tragic death of a 47-year-old non-verbal man with disabilities, who choked on a toasted sandwich in May 2020 while in the care of Valmar. This case has not only drawn attention to significant lapses in care but also sends a powerful message about the standards expected of NDIS providers.
The incident unfolded in a group home where the man, who had intellectual disabilities, autism, diabetes, and Prader-Willi syndrome, lived with two other residents. Despite a known and documented history of choking risks, Valmar failed to adhere to the man’s meal plan, which clearly required soft, moist food cut into small pieces. The sandwich prepared by staff did not meet these specifications. When the man choked, paramedics were called, but his airway was completely obstructed, and he tragically passed away a few days later in hospital.
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The court highlighted several grave shortcomings in Valmar's operations, including inadequate training for staff, poor supervision of meal plans, and a lack of compliance audits. Justice Elizabeth Raper criticized the organization for breaching the NDIS Code of Conduct and Practice Standards more than 24 times. Evidence revealed that staff were untrained in providing safe mealtime support, despite repeated warnings and recommendations from dietitians and other professionals since 2017.
Valmar has since taken corrective measures, including mandatory swallowing risk assessments for all residents and annual speech pathology reviews. They’ve also implemented comprehensive staff training on choking and meal preparation risks. While acknowledging these efforts, the court emphasized the importance of holding providers accountable to ensure the safety and dignity of those under their care.
This tragic case underscores the critical need for vigilance, training, and adherence to care plans in disability services. It is a sobering reminder of the responsibility NDIS providers bear in safeguarding the lives of vulnerable individuals.
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